United States v. Lancaster

145 F. App'x 508
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 28, 2005
Docket04-5826
StatusUnpublished
Cited by7 cases

This text of 145 F. App'x 508 (United States v. Lancaster) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Lancaster, 145 F. App'x 508 (6th Cir. 2005).

Opinion

OPINION

COLE, Circuit Judge.

Plaintiff-Appellant Mark Lancaster pleaded guilty to the possession of numerous unregistered machine guns in violation of 26 U.S.C. § 5861(d) and § 5871. In the district court, Lancaster moved to suppress evidence that he possessed the guns on the grounds that the search warrant was invalid. The district court denied the motion and this appeal ensued. For the following reasons, we AFFIRM the district court’s denial of the motion to suppress evidence.

I.

On January 6, 2008, Special Agent Patrick W. Hand (“Agent Hand”) appeared before Magistrate Judge Joe B. Brown to request the issuance of a search warrant for Lancaster’s residence, located at 267 Page Drive, Mt. Juliet, Tennessee. Agent Hand submitted a five-page single-spaced affidavit (the “Hand Affidavit”) recounting his investigation of Lancaster, and the probable cause supporting the issuance of the warrant. The relevant terms of the Hand Affidavit are as follows.

On January 3, 2003, the Bureau of Alcohol, Tobacco and Firearms (“ATF”) received an anonymous telephone call regarding Lancaster. The caller indicated that Lancaster: (1) possessed “machine guns and homemade explosives” at his house; (2) was “manic-depressive, unstable and a ‘nazi buff ”; and (3) “had converted the Greenhill Baptist Church bus into a shooting range.” After receiving the call, Agent Hand initiated his investigation.

Agent Hand determined that Lancaster had a Federal Firearms License (“FFL”) as a collector of “curios and relics.” Agent Hand further determined that Lancaster did not have a license under the National Firearms Act for the possession of machine guns. The issuance of an FFL for curios and relics does not entitle the licensee to possess machine guns under the National Firearms Act.

Agent Hand then traveled to Greenhill Baptist Church and discussed Lancaster with three confidential sources of information (“CSI”). CSI # 1 indicated that he saw Lancaster shoot a “fully automatic maehinegun approximately 2 years ago.” The weapon was described as having a “round tubular front with a magazine well on the side of the weapon.” This description was consistent with a “Sten machine-gun,” a type of hand-held British machine gun used during World War II. CSI # 1 also indicated that “Lancaster was known to borrow a welding machine owned by the church.” Welding machines are used to assemble Sten machine guns from parts kits.

CSI # 2 stated that Lancaster had “taken the welding machine owned by the church home with him on several occasions.”

CSI # 3 stated that he and Lancaster had shot guns together five times in the past year. During each occasion he saw Lancaster shoot a fully automatic machine *510 gun. CSI # 3 also gave a description of a gun consistent with a Sten machine gun. CSI # 3 also stated that the Sten machine gun had “weld marks on it and recognized the name of this firearm to be a Sten gun.” CSI # 3 further stated that he had helped Lancaster weld the Sten machine gun and that he had been to Lancaster’s home most recently in November 2002. CSI # 3 said that during the visit Lancaster admitted to owning “20-25 firearms and of these firearms 15 of which were machineguns by Lancaster’s own admission.” Lancaster told CSI # 3 that he had welded the machine guns himself using the church welder. Lancaster further told CSI #3 that he would not sell the machine guns because he knew he would “get into trouble.”

CSI # 3 then drove with Agent Hand to Lancaster’s home and indicated that all the firearms were stored in a room above the garage. CSI # 3 specifically identified to Agent Hand the room in which the guns were located. Agent Hand then averred in his affidavit that in his own experience, an owner of firearms tends to keep them for a long time, and the owner usually stores the firearms in the residence to keep them secure, to allow easy maintenance, and to prevent corrosion and rust.

Based on this affidavit, Judge Brown issued the warrant on January 6, 2003. The search was executed on January 8, 2003. Fifteen machine guns were found in Lancaster’s residence during the search as well as the church welding machine.

Lancaster moved to suppress the machine guns and the welding machine on the grounds that the search warrant and the Hand Affidavit were faulty. Shortly before the hearing on the motion, Lancaster learned that CSI # 2 and the anonymous caller were the same person. Lancaster also contended that CSI # 2 was incorrect in claiming that Lancaster was unstable, a Nazi buff, or had turned the church bus into a shooting range. Lancaster argued that these statements showed that Agent Hand had recklessly submitted falsified information.

The district court denied the motion to suppress. The district court found that to the extent there was any false information in the Hand Affidavit it was not relevant to the finding of probable cause. The district court further held that Agent Hand had not engaged in any deliberate falsehoods with respect to the affidavit. This timely appeal ensued.

II.

In an appeal of a denial of a motion to suppress, this Court reviews a district court’s factual findings for clear error and its conclusion of law de novo. United States v. Foster, 376 F.3d 577, 583 (6th Cir.2004). Lancaster argues that the search warrant lacked probable cause on three grounds: (1) that the Hand Affidavit did not set forth facts sufficient to support probable cause; (2) that the Hand Affidavit contained false statements made with reckless disregard for the truth; and (3) that the allegations contained in the Hand Affidavit were stale.

1. Probable Cause and Corroboration

A search warrant affidavit must contain facts sufficient to support probable cause for the issuance of a warrant. United States v. Weaver, 99 F.3d 1372, 1377 (6th Cir.1996) (“For the magistrate to be able to properly perform this official function, the affidavit presented must contain adequate supporting facts about the underlying circumstances to show that probable cause exists for the issuance of the warrant.”). Probable cause is defined as a “fair probability, given the totality of the circumstances, that contraband or evidence of a crime will be found in a particular place.” United States v. Loggins, 777 F.2d *511 336, 338 (6th Cir.1985) (internal quotes and citation removed).

Hearsay information may be included in a search warrant affidavit. However, “[wjhen confronted -with hearsay information from a confidential informant or an anonymous tipster, a court must consider the veracity, reliability, and the basis of knowledge for that information as part of the totality of the circumstances for evaluating the impact of that information.” United States v. Helton, 314 F.3d 812, 819 (6th Cir.2003).

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Bluebook (online)
145 F. App'x 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lancaster-ca6-2005.